Law Bytes

Bill C-34, the Safe Social Media Act, has quickly become a lightning rod for debate since its introduction earlier this month. The issue that invariably tops the list is the kids’ social media ban. Bill C-34, along with the recently introduced Bill C-36, will be covered from multiple angles in the weeks ahead. For the moment, I am pleased to rebroadcast a recent episode of the Globe and Mail’s The Decibel podcast. I was invited to appear on the program, where I was interviewed by Sherrill Sutherland about Bill C-34, the ban, and online harms and safety more broadly. I am grateful to the Globe for granting permission to rebroadcast the episode on my podcast uncut, in its entirety.

The Law Bytes podcast is back, starting with an episode on the limits of Canadian law in addressing the concerns associated with Grok AI, the AI chatbot that garnered global attention over the widespread creation and distribution of AI-generated sexualized deep fakes. Weaving together online harms, privacy, AI regulation, and platform regulation into a single issue, there have been service bans in some countries but Canada has thus far struggled to respond. To help understand what has taken place and Canada’s law and policy options, Professor Heidi Tworek returns to the Law Bytes podcast. Professor Tworek is the Canada Research Chair and Professor of History and Public Policy at the University of British Columbia, where she also directs the Centre for the Study of Democratic Institutions. Her work explores how new communications technologies affect democracy in the past and present and she served on the government’s online harms advisory board.

The creation of an Artists' Resale Right has been adopted in many countries to at best mixed reviews. They’re unsurprisingly widely supported by potential beneficiaries, but the data on who actually benefits raises real questions about the wisdom of the policy. Canada may be headed in the same policy direction as the government recently announced in its budget plans to introduce the measure. Professor Guy Rub is the Vincent J. Marella Professor of Law at Temple University’s Beasley School of Law and an expert in the intersection between intellectual property law, commercial law, the arts, and economic theory. Professor Rub has written critically about the Artists' Resale Right including as part of a submission to a House of Commons committee that studied the issue several years ago. He joins the Law Bytes podcast to discuss the policy measure and its drawbacks, including his view that it primarily benefits artists who are wealthy, old, or dead.

Digital sovereignty is hot the digital policy phrase of the moment driving discussion on Canadian digital policy involving AI, digital infrastructure, privacy, and cultural policy among others. Yet despite its widespread use, its meaning remains opaque as it often used to frame – or reframe – longstanding policy positions. The government has begun to flesh out the issue with Treasury Board recently releasing a white paper on digital sovereignty that provides a useful starting point for discussion. Jennifer Pybus, the Canada Research Chair in Data, Democracy and AI at York University joins the Law Bytes podcast to discuss the white paper and Canada’s digital sovereignty debate.

The government’s AI consultation concluded at the end of October with expectations that a strategy will emerge before the end of the year. I participated in the consultation with a brief submission and in an appearance as a witness before the Standing Committee on Canadian Heritage for its study on the effectiveness of technological advances in artificial intelligence on the creative sector. That study touched on many of the same issues as the AI consult with robust discussion on transparency, regulation, and navigating potentially conflicting policy objectives. This week’s Law Bytes podcast offer up a taste of both with the key issues raised in the submission and clips from the committee appearance including my opening statement and exchanges with multiple MPs.